Allowed

Anil Kumar v. State of Kerala

Kerala HC8 Sept 2023Bail Appl./7590/2023

Case brief

AI extract

What is this about?

In a bail application under sections 22(b)(ii)(C) and 29 of the NDPS Act, the Court considered a charge of smuggling 50 kgs of ganja. Noting the petitioner had been in custody since 2021, had no criminal antecedents, and the trial was in progress, the Court granted bail subject to stringent conditions.

What did the court decide?

Petitioner granted regular bail on conditions: execute bond of Rs.1 lakh with 2 solvent sureties, appear before IO every second Saturday, not leave Kerala without permission, surrender passport, and n

Anil Kumar Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945

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BAIL APPL. NO. 7590 OF 2023

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AGAINST THE ORDER/JUDGMENT Bail Appl. 8039/2022 OF HIGH COURT OF KERALA Crime No.2 of 2021 of Neyyattinkara Excise Range Office, Thiruvananthapuram

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PETITIONER/ACCUSED NO.1:

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ANIL KUMAR,AGED 39 YEARS
SON OF SELVARAJ, ANIL BHAVAN, ATTINKARA,
PANNIMALA, KOOTHALI POST, VELLARADA, NEYYATTINKARA,
THIRUVANATHAPURAM DIST., PIN - 673525

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BY ADV M.J.SANTHOSH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031

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OTHER PRESENT:

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PP - RENJIT GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.7590 of 2023

VIJU ABRAHAM, J.

B.A. No.7590 of 2023

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................................................................. Dated this the 8^th day of September, 2023

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ORDER

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This is an application for regular bail.

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Petitioner is the 1^st accused in Crime No.2 of 2021 of Neyyattinkara Excise Range Office, Thiruvananthapuram registered alleging commission of offences punishable under Sections 22(b)(ii) (C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “NDPS Act”).

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The crux of the prosecution case is that on the basis of prior information, on 03.02.2021 at about 7.05 p.m., the car driven by the petitioner was searched and seized 50 kgs of ganja.

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The counsel for the petitioner submits that petitioner is in custody from 03.02.2021 onwards. Though the petitioner has approached this Court earlier filing B.A.No.8039 of 2022 the same was rejected by this Court as per Annexure-A1 order dated 21.10.2022 with a further direction to the trial court to expedite the trial of the case. Petitioner submits that in spite of the specific direction issued by this Court even the charge has not been framed in the said case.

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BA No.7590 of 2023

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Learned Public Prosecutor though opposed the application for bail mainly contending that large quantity of contraband was seized from the possession of the petitioner, submitted that the petitioner has no other criminal antecedents.

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Petitioner relying on the order in Fasil v. State of Kerala and another, 2023 (3) KHC 212 and also the judgments of the Supreme Court in Dheeraj Kumar Shukla v. State of Uttar Pradesh, Special Leave Appeal (Crl.) No.6690 of 2022 and MD Raja v. State of West Bengal, Special Leave Appeal (Crl.) No.3133 of 2022 submits that in similar circumstances the court has granted bail taking into consideration the long detention of the accused in custody.

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Admittedly the petitioner is in custody from 03.02.2021 onwards and has no other criminal antecedents. A report has been called for from the trial court concerned wherein it was intimated as per report dated 07.09.2023 that the case is now posted for hearing on the charge. Taking into consideration all these aspects, I am inclined to grant bail to the petitioner, but considering the seriousness of the allegation, the same shall only be on stringent conditions.

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(i) Petitioner shall execute a bond for a sum of Rs.1,00,000/- (rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court;

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BA No.7590 of 2023

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(ii) Petitioner shall appear before the investigating

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officer on all second Saturdays at 11.00 a.m. till completion of the trial.

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(iii) Petitioner shall not leave the State of Kerala

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without obtaining prior permission from the jurisdictional court.

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(iv) Petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.

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(v) Petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.2 of 2021 of Neyyattinkara Excise Range Office, Thiruvananthapuram.

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(vi) Petitioner shall not involve in any other crime while

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on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.2 of 2021 of Neyyattinkara Excise Range Office, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.

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JUDGE

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cks

Anil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anil Kumar v. State of Kerala

Case brief

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What did the court decide?

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